In re A.I.H.

Citations

• 2024 Ohio 4483

Syllabus

Denial of continuance abuse of discretion Unger factors expert witness testimony qualifications Evid.R. 702 modification of custody R.C. 3109.04 change in circumstances writ of habeas corpus R.C. 2151.23 unlawfully detained superior right to custody adequate remedy at law GAL fees jurisdiction during pending appeal. The trial court's order modifying custody based on a change in circumstances was affirmed where the trial court (1) did not abuse its discretion in denying a motion to continue, (2) did not err in allowing the expert witness testimony and admission of an expert report, (3) did not err in granting a motion to modify custody based on a change in circumstances established by the evidence presented at trial, and (4) did not err in awarding GAL fees while an appeal was pending. However, the trial court erred in granting a writ of habeas corpus where an adequate remedy at law existed.